The Constitution of the Italian Republic (Italian: Costituzione della
Repubblica Italiana) was enacted by the Constituent Assembly on 22
December 1947, with 453 votes in favour and 62 against. The text,
which has since been amended 15 times, was promulgated in the
extraordinary edition of Gazzetta Ufficiale No. 298 on 27 December
1947. The Constituent Assembly was elected by universal suffrage on 2
June 1946, at the same time as a referendum on the abolition of the
monarchy. The Constitution came into force on 1 January 1948, one
century after the Statuto Albertino had been enacted.[1] Although the
latter remained in force after Benito Mussolini's March on Rome in
1922, it had become devoid of substantive value.

Further information: Assemblea Costituente and Italian general
election, 1946

If you want to go on a pilgrimage to the place where our Constitution
was created go to the mountains where partisans fell, to the prisons
where they were incarcerated and to the fields where they were hanged.
Wherever an Italian died to redeem freedom and dignity, go there young
people and ponder: because that was where our Constitution was born.
— Piero Calamandrei[2]

The groups that composed the Constituent Assembly covered a wide range
of the political spectrum, with the prevalence of three major groups,
namely christian democratics, liberals and leftists. All these groups
were deeply anti-fascist, so there was general agreement against an
authoritarian constitution,[3] putting more emphasis on the
legislative power and making the executive power dependent on it.[4]
So the Constitution doesn't follow the concept of separation of powers
as conceived by major figures of the Enlightenment like Kant and
Montesquieu, and incorporates mechanisms to protect the needs of
governmental stability while avoiding any degeneration of
parliamentarism.
All the different political and social views of the Assembly
contributed in shaping and influencing the final text of the
Constitution. For example, constitutional protections concerning
marriage and the family reflect natural law themes as viewed by Roman
Catholics, while those concerning workers' rights reflect socialist
and communist views. This has been repeatedly described as the
constitutional compromise,[5] and all the parties that shaped the
Constitution were referred to as the arco costituzionale (literally,
"constitutional arch").
There were 556 members of the Constituent Assembly, of which 21 were
women, with 9 from the Christian Democratic group, 9 from the
Communist group, 2 from the Socialist group, and 1 from the Common
Man's group.[6] These members came from all walks of life, including
politicians, philosophers and partisans; and many of them went on to
become important figures in the Italian political history.
Provisions[edit]

One of three original copies, now in the custody of Historical
Archives of the President of the Republic.

The Constitution[7] is composed of 139 articles (five of which were
later abrogated) and arranged into three main parts: Principi
Fondamentali, the Fundamental Principles (articles 1–12); Part I
concerning the Diritti e Doveri dei Cittadini, or Rights and Duties of
Citizens (articles 13–54); and Part II the Ordinamento della
Repubblica, or Organisation of the Republic (articles 55–139);
followed by 18 Disposizioni transitorie e finali, the Transitory and
Final Provisions.
It is important to note that the Constitution primarily contains
general principles; it is not possible to apply them directly. As with
many written constitutions, only few articles are considered to be
self-executing. The majority require enabling legislation, referred to
as accomplishment of constitution.[8] This process has taken decades
and some contend that, due to various political considerations, it is
still not complete.
Preamble[edit]
The preamble to the Constitution consists of the enacting formula:
THE PROVISIONAL HEAD OF STATE, by virtue of the deliberations of the
Constituent Assembly, which in the session of 22 December 1947
approved the Constitution of the Italian Republic; by virtue of Final
Provision XVIII of the Constitution; PROMULGATES the Constitution of
the Italian Republic in the following text:
Fundamental Principles (Articles 1-12)[edit]
The Fundamental Principles are unchangeable, and solemnly declare the
unshakeable foundations on which the new State was constructed,
starting with the democratic nature of the Republic, in which the
sovereignty belongs to the people and is exercised by the people in
the forms and within the limits of the Constitution. The Principles[7]
recognise the dignity of the person, both as an individual and in
social groups, expressing the notions of solidarity and equality
without dinstinction of sex, race, language, religion, political
opinion, personal and social conditions. For this purpose, the right
to work is also recognized, with labour considered the foundation of
the Republic and a mean to achieve individual and social development:
every citizen has a duty to contribute to society, as much as they
can, and the Government must ensure the freedom and equality of every
citizen.
While the Principles recognise a central government and the
territorial integrity of the State, they also recognise and promote
local autonomies and safeguard linguistic minorities. They also
promote scientific, technical and cultural development, and safeguard
the environmental, historical and artistic heritage of the nation.
The State and the Church are recognised as independent and sovereign,
each within its own sphere. Freedom of religion is also recognised,
with all religions having the right of self-organisation, as long as
they don't conflict with the law, and the possibility to establish a
relation with the State through agreements. In particular, Article 7
recognises the Lateran Treaty of 1929, which gave a special status to
the Catholic Church, and allows modification to such treaty without
the need of constitutional amendments. In fact, the treaty was later
modified by a new agreement between church and state in 1984.[9]
The Principles recognise the international law and the rights of the
foreigner, in particular the right of asylum for people who are denied
in their home country the freedoms guaranteed by the Italian
Constitution, or who are accused of political offences. They also
repudiate war and promote and encourage international organisations
aimed to achieve peace and justice among Nations, even agreeing to
limit the sovereignty of the Nation, on condition of equality with
other States, if necessary to achieve these goals.
The last of the Principles establishes the Italian tricolour as the
Flag of Italy: green, white and red, in three vertical bands of equal
dimensions.
Rights and Duties of Citizens (Articles 13-54)[edit]
Civil Relations (Articles 13-28)[edit]
Articles 13–28 are the Italian equivalent of a bill of rights in
common law jurisdictions. The Constitution[7] recognises habeas corpus
and the presumption of innocence; violations of personal liberties,
properties and privacy are forbidden without an order of the Judiciary
stating a reason, or outside the limits imposed by the law.
Every citizen is free to travel, both outside and inside the territory
of the Republic, with restrictions granted only for eventual health,
security and legal reasons. Citizens have the right to freely
assemble, both in private and public places, peacefully and unarmed.
Notifications to the authorities is required only for large meetings
on public lands, which might be prohibited only for proven reason of
security or public safety. The Constitution recognises the freedom of
association, within the limits of criminal law. Secret associations
and organisations having military character are forbidden.
Freedom of expression, press and religion are guaranteed in public
places, except for those acts which are considered offensive by public
morality. For example, hate speech, calumny and obscenity in the
public sphere are considered criminal offences by the Italian Criminal
Code.
Every citizen is protected from political persecution and cannot be
subjected to personal or financial burden outside of the law. The
right to a fair trial is guaranteed, with everyone having the right to
protect their rights regardless of their economic status. Conditions
and forms of reparation in case of judicial errors are defined by the
law, and retroactive laws are not recognized, therefore nobody can be
convicted for an action which was not illegal at the time in which it
took place.
Criminal responsibility is considered personal, therefore collective
punishments are not recognized. A defendant is considered innocent
until proven guilty, and punishments are aimed at the rehabilitation
of the convicted. The death penalty and cruel and unusual punishments
are prohibited. Extradition of citizens is not permitted outside of
those cases provided by international conventions, and is prohibited
for political offences.
Public officials and public agencies are directly responsible under
criminal, civil, and administrative law for acts committed in
violation of rights. Civil liabilities are also extended to the State
and to the public agencies involved.
Ethical and Social Rights and Duties (Articles 29-34)[edit]
The Constitution[7] recognises the family as a natural society founded
on marriage. Marriage is regarded as a condition of moral end legal
equality between the spouses, however there is no explicit recognition
of a specific kind of marriage, beside the use of the word natural,
nor there is an explicit specification of gender. The law is supposed
to guarantee the unity of the family, through economic measures and
other benefits, and the parents have the right and duty to raise and
educate their children, even if born out of wedlock. The fulfilment of
such duties is provided by the law in the case of incapacity of the
parents.
Health is recognised in Article 32 both as a fundamental right of the
individual and as a collective interest, and free medical care is
guaranteed to the indigent, and paid for by the taxpayers. Nobody can
be forced to undergo any health treatment, except under the provisions
of the law; and the law is aimed at the respect of the human dignity.
Freedom of education is guaranteed, mentioning in particular the free
teaching of the arts and sciences. General rules of education are
established by law, which also establishes state schools of all
branches and grades. The State prescribes examinations for admission
to and graduation from the various branches and grades and for
qualification to exercise a profession. Private schools are required
to meet the same standards of education and qualifications, while
universities and academies can establish their own regulations within
the limits of the law. Education is also a right, with a compulsory
and free primary education, given for at least eight years. The
highest levels of education are also a right for capable and deserving
pupils, regardless of their financial status. To this end
scholarships, allowances to families and other benefits can be
assigned by the State through competitive examinations.
Economic Rights and Duties (Articles 35-47)[edit]
According to the Constitution,[7] the State protects labour in all its
forms and practices, providing for training and professional
advancement of workers, promoting and encouraging international
agreements and organisations that protect labour rights. It also gives
the freedom to emigrate and protects Italian workers abroad.
Unfree labour is outlawed, with workers having the right to a salary
commensurate with the quantity and quality of their work and a minimum
wage guaranteed in order to ensure them and their families a free and
dignified existence. The law establishes maximum daily working hours
and the right to a weekly rest day and paid annual holidays cannot be
waived. Equal rights and equal pay for women are recognised; working
conditions must allow women to fulfil their role in the family and
must ensure the protection of mother and child. A minimum age for paid
labour is established by law, with special provisions protecting the
work of minors. Welfare support is available to every citizen unable
to work, disabled or lacking the necessary means of subsistence.
Workers are entitled to adequate help in the case of accident,
sickness, disability, old age and involuntary unemployment.
Private-sector assistance may be freely provided.
Trade unions may be freely established without obligations, except for
registration at local or central offices and requirements such as
internal democratic structures. Registered trade unions have legal
personality and may, through a unified representation that is
proportional to their membership, enter into collective labour
agreements that have a mandatory effect on all persons belonging to
the categories referred to in the agreement. The right to strike is
recognised within the limits of the law.
The Constitution recognises free enterprise, on condition it does not
damage the common good, health and safety, liberty and human dignity.
The State is supposed to establish appropriate regulations on both
public and private-sector economic activities, in order to orient them
toward social purposes. Public and private properties are recognised,
guaranteed and regulated by the law, with particular mention of the
regulation of inheritance and the possibility of expropriation with
compensation in the public interest. Also, to ensure the rational use
of land and equitable social relationships, large landed estates
(latifundia) are not permitted and there must be constraints on the
private ownership and size of land. The State protects, promotes and
regulates small and medium-sized businesses, cooperatives and
handicrafts and recognises the right of workers to collaborate in the
management of enterprises, within the limits of the law. Speculation
is outlawed, while private savings and credit operations are
encouraged, protected and overseen.
Political Rights and Duties (Articles 48-54)[edit]
Article 48[7] of the Constitution recognises the right to vote of
every citizen, male or female, at home or abroad, who has attained
majority. Voting is also considered a civic duty and the law must
guarantee that every citizen is able to fulfill this duty,
establishing among other things, in 2000, overseas constituencies
represented in the Parliament.[10] The right to vote cannot be
restricted except for civil incapacity, irrevocable penal sentences or
in cases of moral unworthiness as laid down by the law.
Political parties may be freely established and petitions to
Parliament by private citizens are recognised in order to promote the
democratic process and express the needs of the people. Any citizen,
male or female, at home or abroad, is eligible for public office on
the conditions established by law. To this end, the State adopts
specific measures to promote equal opportunities between women and
men, and for Italians not resident in the territory of the Republic.
Every elected official is entitled to the time needed to perform that
function and to retain a previously held job.
Article 52 states that the defence of the motherland (patria) is the
sacred duty of every citizen. It also stipulates that national service
is performed within the limits and in the manner set by law. Since
2003, Italy has professional armed forces, although conscription can
be reinstated if required. The fulfilment of which cannot prejudice a
citizen’s employment, nor the exercise of political rights.
Particular mention is given to the democratic spirit of the Republic
as the basis for the regulation of the armed forces.
The Constitution establishes a progressive form of taxation, which
requires every citizen to contribute to public expenditure in
accordance with their capability. Also, Article 54 states that every
citizen has the duty to be loyal to the Republic and to uphold its
Constitution and laws. Elected officials have the duty to fulfil their
functions with discipline and honour, taking an oath to that effect in
those cases established by law.
Organisation of the Republic (Articles 55-139)[edit]
Power is divided among the executive, the legislative and judicial
branches; the Constitution establishes the balancing and interaction
of these branches, rather than their rigid separation.[11]
The Parliament (Articles 55-82)[edit]
The Houses (Articles 55-69)[edit]

Palazzo Montecitorio, seat of the Chamber of Deputies.

Palazzo Madama, seat of the Senate of the Republic.

Article 55[7] establishes the Parliament as a bicameral entity,
consisting of the Chamber of Deputies and the Senate of the Republic,
which are elected every five years with no extension, except by law
and only in the case of war, and which meet in joint session only in
cases established by the Constitution.
The Chamber of deputies is elected by direct and universal suffrage by
voters over the age of eighteen. There are 630 deputies, twelve of
which are elected in the overseas constituencies, while the number of
seats among the other electoral districts is obtained by dividing the
number of citizens residing in the territory of the Republic by six
hundred eighteen and by distributing the seats proportionally to the
population in every electoral district, on the basis of whole shares
and highest remainders. All voters over the age of twenty-five are
eligible to be deputies.
The Senate of the Republic is elected by direct and universal suffrage
by voters over the age of twenty-five. There are 315 senators, six of
whom are elected in the overseas constituencies, while the others are
elected on a regional basis in proportion to the population of each
Region similarly to the method used for the Chamber of deputies, with
no Region having fewer than seven senators, except for Molise having
two, and Valle d'Aosta having one. There are also a number of senators
for life, such as former Presidents, by right unless they resign, or
citizens appointed by the President of the Republic, in number up to
five, for having brought honour to the nation with their achievements
in the social, scientific, artistic and literary fields. All voters
over the age of forty are eligible to be senators.
Disqualifications for the office of deputy or senator are determined
by law[12] and verified for Members by each House even after the
election; and nobody can be a member of both Houses at the same time.
New elections must take place within seventy days from the end of the
term of the old Parliament. The first meeting is convened no later
than twenty days after the elections, and until such time the powers
of the previous Houses are extended.
In default of any other provisions, Parliament has to be convened on
the first working day of February and October. Special sessions for
one of the Houses may be conviened by its President, the President of
the Republic or a third of its members; and in such cases the other
House is convened as a matter of course. The President and Bureau of
each House is elected among its member and during joint sessions the
President and Bureau are those of the Chamber of Deputies. Each House
adopts its rules by an absolute majority and, unless otherwise
decided, the sittings are public. Members of the Government have the
right and sometimes the obligation to attend, and shall be heard when
they so request. The quorum for decisions in each House and in a joint
session is a majority of the members, and the Constitution prescribes
the majority required of those present for passing a decision.
Members of Parliament do not have a binding mandate, cannot be held
accountable for the opinions expressed or votes cast while performing
their functions, and cannot be submitted to personal or home search,
arrested, detained or otherwise deprived of personal freedoms without
the authorisation of their House, except when a final court sentence
is enforced, or when the Member is apprehended in flagrante delicto.
The salary of the Members of Parliament is established by law.
The Legislative Process (Articles 70-82)[edit]

Swearing in of President Sergio Mattarella in front of a joint session
of Parliament at Palazzo Montecitorio.

Article 70[7] gives the legislative power to both Houses, and bills
can be introduced by the Government, by a Member of Parliament and by
other entities as established by the Constitution. The citizens can
also propose bills drawn up in sections and signed by at least
fifty-thousand voters. Each House shall establish rules for reviewing
a bill, starting with the scrutiny by a Committee and then the
consideration section by section by the whole House, which will then
put it to a final vote. The ordinary procedure for consideration and
direct approval by each House must be followed for bills regarding
constitutional and electoral matters, delegating legislation,
ratification of international treaties and the approval of budgets and
accounts. The rules shall also establish the ways in which the
proceedings of Committees are made public.
After the approval by the Parliament, laws are promulgated by the
President within one month or a deadline established by an absolute
majority of the Parliament for laws declared urgent. A law is
published immediately after promulgation and comes into force on the
fifteenth day after publication, unless otherwise established. The
President can veto a bill and send it back to Parliament stating a
reasoned opinion. If such law is passed again, the veto is overruled
and the President must sign it.
The Constitution recognises general referenda for repealing a law or
part of it, when they are requested by five hundred thousand voters or
five Regional Councils; while referenda on a law regulating taxes, the
budget, amnesty or pardon, or a law ratifying an international treaty
are not recognised. Any citizen entitled to vote for the Chamber of
Deputies has the right to vote in a referendum, and if the majority of
those eligible has voted and a majority of valid votes has been
achieved, the referendum is considered carried.
The Government cannot have legislative functions, except for a limited
times and for specific purposes established in cases of necessity and
urgency, and cannot issue a decree having the force of a law without
an enabling act[13] from the Parliament. Temporary measures shall lose
effect from the beginning if not transposed into law by the Parliament
within sixty days of their publication. Parliament may regulate the
legal relations arisen from the rejected measures.
The Constitution gives to the Parliament the authority to declare a
state of war and to vest the necessary powers into the Government. The
Parliament has also the authority to grant amnesties and pardons
through a law having a two-thirds majority in both Houses, on each
section and on the final vote, and having a deadline for
implementation. Such amnensties and pardons cannot be granted for
crimes committed after the introduction of such bill.
Parliament can authorise by law the ratification of such international
treaties as have a political nature, require arbitration or a legal
settlement, entail change of borders, spending or new legislation.
Budget and financial statements introduced by the Government must be
passed by the Parliament every year, while provisional implementation
of the budget may not be allowed except by law and for no longer than
four months. The budget must balance revenue and expenditure, taking
account of the adverse and favourable phases of the economic cycle,
which can be the only justification for borrowing. New or increased
expenditure must be introduced by laws providing for the resources to
cover it.[14]
Both Houses can conduct enquiries on matters of public interest,
through a Committee of its Members representing the proportionality of
existing parties. A Committee of Enquiry may conduct investigations
and examination with the same powers and limitations as the judiciary.
The President of the Republic (Articles 83-91)[edit]

Quirinal Palace, official residence of the President of the Republic.

President Sandro Pertini in his office at the Quirinal Palace.

The President of the Republic[7] is elected for seven years by the
Parliament in joint session, together with three delegates from each
Region, except for Valle d'Aosta having one, elected by the Regional
Councils in order to ensure the representation of minorities. The
election is by secret ballot initially with a majority of two-thirds
of the assembly, while after the third ballot an absolute majority is
sufficient. Thirty days before the end of the term of the current
President, the President of the Chamber of Deputies must summon a
joint session of Parliament and the regional delegates to elect the
new President of the Republic. During or in the three months preceding
the dissolution of Parliament, the election must be held within the
first fifteen days of the first sitting of a new Parliament. In the
mean time, the powers of the incumbent President are extended.
Any citizen over fifty enjoying civil and political rights can be
elected President. Those citizens who already hold any other office
are barred from becoming President, unless they resign their previous
office once they are elected. The salary and privileges of the
President are established by law.
In all the cases in which the President is unable to perform the
functions of the Office, these shall be performed by the President of
the Senate. In the event of permanent incapacity, death or resignation
of the President, the President of the Chamber of Deputies must call
an election of a new President of the Republic within fifteen days,
notwithstanding the longer term envisaged during dissolution of the
Parliament or in the three months preceding dissolution.
According to the Constitution, the primary role of the President, as
Head of the State, is to represent the national unity. Among the
powers of the President are the capacity to

send messages to Parliament, authorise the introduction of bills by
the Government, and promulgate laws, decrees and regulations,
dissolve one or both Houses of Parliament, in consultation with their
presidents, except during the last six months of his term (known as
the semestre bianco), unless that period coincides at least in part
with the final six months of the Parliament,
call a general referendum under certain circumstances established by
the Constitution,
appoint State officials in the cases established by law,
accredit and receive diplomats, and ratify international treaties,
after the Parliament's authorisation when required,
make declarations of war agreed upon by the Parliament, as
commander-in-chief of the armed forces,
grant pardons, commute sentences, and confer honorary distinctions of
the Republic.

The President also presides over the High Council of the Judiciary and
the Supreme Council of Defence. A writ from the President cannot be
valid unless signed by the proposing Minister, and in order to have
force of law must be countersigned by the President of the Council of
Ministers.
The President is not responsible for the actions performed in the
exercise of his duties, except for high treason and violation of the
Constitution, for which the President can be impeached by the
Parliament in joint session, with an absolute majority of its members.
Before taking office, the President must take an oath of allegiance to
the Republic and pledge to uphold the Constitution before the
Parliament in joint session.
The Government (Articles 92-100)[edit]
The Council of Ministers (Articles 92-96)[edit]

Palazzo Chigi, official residence of the President of the Council of
Ministers.

The Government of the Republic[7] is composed of the President of the
Council of Ministers and the other Ministers. The President of the
Republic appoints the President of the Council and, on his proposal,
the Ministers that form its cabinet; swearing them all in before they
can take office. The appointees must receive, within ten days of the
appointments, the confidence of both Houses for the formation of a
Government, each House being able to grant or withdraw its confidence
through a reasoned motion voted on by roll-call. If one or both Houses
vote against a bill proposed by the Government, this does not entail
the obligation to resign, however sometimes the President of the
Council does attach a confidence vote to a proposal of great
importance for the Government. If the majority coalition in one or
both Houses does not support the Government anymore, a motion of
no-confidence can be presented. It must be signed by at least
one-tenth of the members of the House and cannot be debated earlier
than three days from its presentation.
The primary function of the President of the Council is to conduct the
general policy of the Government, holding responsibility for it. The
President of the Council ensures the coherence of political and
administrative policies, by promoting and co-ordinating the activities
of the Ministers. The Ministers are collectively responsible for the
acts of the Council of Ministers. They are also individually
responsible for the acts of their own ministries.
The organisation of the Presidency of the Council, as well as the
number, competence and organisation of the ministries is established
by law. The Members of the Council of Ministers, even if they resign
from office, are subject to normal justice for crimes committed in the
exercise of their duties, provided authorisation is given by the
Senate or the Chamber of Deputies, in accordance with the norms
provided by the Constitutional law.
Public Administration (Articles 97-98)[edit]

Hall of the Council of Ministers within Palazzo Chigi.

General government entities must ensure a balanced budget and a
sustainable public debt, in accordance with the European Union
law.[14] The organisation of public offices is established by the
law,[7] in orther to ensure the efficiency and impartiality of
administration. The regulations of the offices lay down the areas of
competence, the duties and the responsibilities of the officials.
Employment in public administration is accessed through competitive
examinations, except in the cases established by law.
Civil servants are exclusively at the service of the Nation. If they
are Members of Parliament, they cannot be promoted in their services,
except through seniority. Limitations are established by law on the
right to become members of political parties in the case of
magistrates, career military staff in active service, law enforcement
officers, and overseas diplomatic and consular representatives.
Auxiliary Bodies (Articles 99-100)[edit]
The National Council for Economics and Labour is composed,[7] as set
out by law, of experts and representatives of the economic categories,
in such a proportion as to take account of their numerical and
qualitative importance. It serves as a consultative body for
Parliament and the Government on those matters and those functions
attributed to it by law. It can initiate legislation and may
contribute to drafting economic and social legislation according to
the principles and within the limitations laid out by law.
The Council of State is a legal-administrative consultative body and
it oversees the administration of justice. The Court of Accounts
exercises preventive control over the legitimacy of Government
measures, and also ex-post auditing of the administration of the State
budget. It participates, in the cases and ways established by law, in
auditing the financial management of the entities receiving regular
budgetary support from the State. It reports directly to Parliament on
the results of audits performed. The law ensures the independence from
the Government of the two bodies and of their members.
The Judicial Branch (Articles 101-113)[edit]
The Organisation of the Judiciary (Articles 101-110)[edit]

Palace of Justice, seat of the Supreme Court of Cassation.

Article 101[7] states that justice is administered in the name of the
people, and that judges are subject only to the law. The Constitution
empowers the Judiciary to nominate and regulate magistrates exercising
legal proceedings, establishing the Judiciary as autonomous and
independent of all other powers. Special judges are prohibited, while
only specialised sections for specific matters within the ordinary
judicial bodies can be established, and must include the participation
of qualified citizens who are not members of the Judiciary. The
provisions concerning the organisation of the Judiciary and the judges
are established by law, ensuring the independence of judges of special
courts, of state prosecutors of those courts, and of other persons
participating in the administration of justice. Direct participation
of the people in the administration of justice is also regulated by
law.
The Council of State and the other bodies of judicial administration
have jurisdiction over the protection of legitimate rights before the
public administration and, in particular matters laid out by law, also
of subjective rights. The Court of Accounts has jurisdiction in
matters of public accounts and in other matters laid out by law. The
jurisdiction of military tribunals in times of war is established by
law. In times of peace they have jurisdiction only for military crimes
committed by members of the Armed Forces.
The High Council of the Judiciary is presided over by the President of
the Republic, two-thirds of its members are elected by all the
ordinary judges belonging to the various categories, and one third are
elected by Parliament in joint session from among university
professors of law and lawyers with fifteen years of practice. Its
vice-president is elected by the Council from among those members
designated by Parliament. The members of the Council are elected for
four years and cannot be immediately re-elected. They also cannot be
registered in professional rolls, nor serve in Parliament or on a
Regional Council while in office.
The Council has jurisdiction for employment, assignments and
transfers, promotions and disciplinary measures of judges, following
the regulations established by the Judiciary.
Judges are selected through competitive examinations, while honorary
judges for all the functions performed by single judges can be
appointed also by election. University professors of law and lawyers
with fifteen years of practice and registered in the special
professional rolls for the higher courts can be appointed for their
outstanding merits as Cassation councillors, following recommendations
by the Council.
Judges cannot be removed, dismissed or suspended from office or
assigned to other courts or functions unless by a decision of the
Council, following the rules established by the Judiciary or with the
consent of the judges themselves. Judges are distinguished only by
their different functions, and the state prosecutor enjoys the
guarantees established by the Judiciary.
The legal authorities have direct use of the judicial police. The
Minister of Justice is responsible for the organisation and
functioning of those services involved with justice and has the power
to originate disciplinary actions against judges, which are then
administered by the High Council of the Judiciary.
Rules of Jurisdiction (Articles 111-113)[edit]
Jurisdiction[7] is implemented through due process regulated by law.
Adversary proceedings, equality before the law and the impartiality of
the judge are recognised for all court trials, whose duration of
trials is reasonably established by law. The right to a fair trial is
recognized, with the defendant having the right to be promptly
informed confidentially of the nature and reasons for the charges
brought and the right to adequate time and conditions to prepare a
defence. The rights to direct, cross and redirect examination are also
recognised to both the defendant and the prosecutor. The defendant has
also the right to produce all other evidence in favour of the defence,
and to be assisted by an interpreter in the case that he or she does
not speak or understand the language in which the court proceedings
are conducted.
The formation of evidence is based on the principle of adversary
hearings and the laws regulates the cases in which the formation of
evidence does not occur in an adversary proceeding with the consent of
the defendant or owing to reasons of ascertained objective
impossibility or proven illicit conduct. Presumption of innocence is
recognised and the guilt of the defendant cannot be established on the
basis of statements by persons who by choice have always avoided
cross-examination by the defendant or the defence counsel.
All judicial decisions must include a statement of reasons, and
appeals to the Court of Cassation in cases of violations of the law
are always allowed against sentences affecting personal freedoms
pronounced by ordinary and special courts, except possibly in cases of
sentences by military tribunals in time of war. Appeals to the Court
of Cassation against decisions of the Council of State and the Court
of Accounts are permitted only for reasons of jurisdiction.
The public prosecutor has the obligation to institute criminal
proceedings. The judicial safeguarding of rights and legitimate
interests before the bodies of ordinary or administrative justice is
always permitted against acts of the public administration. Such
judicial protection cannot be excluded or limited to particular kinds
of appeal or for particular categories of acts. The law determines
which judicial bodies are empowered to annul acts of public
administration in the cases and with the consequences provided for by
the law itself.
Regions, Provinces - Municipalities (Articles 114-133)[edit]
According to Article 114[7] the Republic is composed of the
Municipalities, the Provinces, the Metropolitan Cities, the Regions
and the State. Municipalities, provinces, metropolitan cities and
regions are recognised as autonomous entities having their own
statutes, powers and functions in accordance with the principles of
Constitution. Rome is solemly declared the capital of the Republic,
and its status is regulated by the State law.
The Constitution grants the Regions of Aosta Valley, Friuli-Venezia
Giulia, Sardinia, Sicily, Trentino-Alto Adige/Südtirol an autonomous
status, acknowledging their powers in relation to legislation,
administration and finance, with a particular mention of the
autonomous provinces of Trent and Bolzano. The allocation of
legislative powers between the State and the Regions is established in
compliance with the Constitution and with the constraints deriving
from European Legislation and international obligations, besides the
already mentioned autonomous status granted to some Regions.
The Constitution gives the State exclusive legislative power in
matters of

foreign policy and international relations, in particular with the
European Union, immigration, right of asylum, legal status of non EU
citizens, citizenship, civil status and register offices;
relations between the Republic and religious denominations;
defence and armed forces, State security, armaments, ammunition and
explosives;
the currency, savings protection and financial markets, competition
protection, foreign exchange system, state taxation and accounting
systems, equalisation of financial resources and harmonisation of
public accounts;[14]
state bodies and relevant electoral laws, state referenda; elections
to the European Parliament, electoral legislation, governing bodies
and fundamental functions of the Municipalities, Provinces and
Metropolitan Cities;
legal and administrative organisation of the State and of national
public agencies, public order and security, with the exception of
local administrative police;
jurisdiction and procedural law; civil and criminal law;
administrative judicial system;
determination of the basic level of benefits relating to civil and
social entitlements to be guaranteed throughout the national
territory, general provisions on education, social security, customs,
protection of national borders and international prophylaxis;
weights and measures, standard time, statistical and computerised
coordination of data of state, regional and local administrations,
works of the intellect, protection of the environment, the ecosystem
and cultural heritage.

Concurring legislation applies to the following subject matters:
international and EU relations of the Regions; foreign trade; job
protection and safety; education, subject to the autonomy of
educational institutions and with the exception of vocational
education and training; professions; scientific and technological
research and innovation support for productive sectors; health
protection; nutrition; sports; disaster relief; land-use planning;
civil ports and airports; large transport and navigation networks;
communications; national production, transport and distribution of
energy; complementary and supplementary social security; co-ordination
of public finance and taxation system; enhancement of cultural and
environmental properties, including the promotion and organisation of
cultural activities; savings banks, rural banks, regional credit
institutions; regional land and agricultural credit institutions. In
the subject matters covered by concurring legislation legislative
powers are vested in the Regions, except for the determination of the
fundamental principles, which are laid down in State legislation.
The Regions have legislative powers in all subject matters not
expressly covered by State legislation. The Regions and the autonomous
provinces of Trent and Bolzano take part in preparatory
decision-making process of EU legislative acts in the areas that fall
within their responsibilities, and are also responsible for the
implementation of international agreements and EU measures, in the
limits established by State law.
Regulatory powers is vested in the State with respect to the subject
matters of exclusive legislation, subject to any delegations of such
powers to the Regions. Regulatory powers are vested in the Regions in
all other subject matters. Municipalities, Provinces and Metropolitan
Cities have regulatory powers for the organisation and implementation
of the functions attributed to them. Regional laws must remove any
obstacle to the full equality of men and women in social, cultural and
economic life and promote equal access to elected offices for men and
women. Agreements between Regions aiming at improving the performance
of regional functions and possibly envisaging the establishment of
joint bodies shall be ratified by regional law. In the areas falling
within their responsibilities, Regions can enter into agreements with
foreign States and local authorities of other States in the cases and
according to the forms laid down by State legislation.
The administrative functions that are not attributed to the Provinces,
Metropolitan Cities and Regions or to the State, are attributed to the
Municipalities, following the principles of subsidiarity,
differentiation and proportionality, to ensure their uniform
implementation. Municipalities, Provinces and Metropolitan Cities also
have administrative functions of their own, as well as the functions
assigned to them by State or by regional legislation, according to
their respective competences. State legislation provides for
co-ordinated action between the State and the Regions in the subject
of common competence. The State, Regions, Metropolitan Cities,
Provinces and Municipalities also promote the autonomous initiatives
of citizens, both as individuals and as members of associations,
relating to activities of general interest, on the basis of the
principle of subsidiarity.
The Constitution grants Municipalities, Provinces, Metropolitan Cities
and Regions to have revenue and expenditure autonomy, although
subjected to the obligation of a balanced budget and in compliance
with the European Union law;[14] as well as independent financial
resources, setting and levying taxes and collect revenues of their
own, in compliance with the Constitution and according to the
principles of co-ordination of State finances and the tax system, and
sharing in the tax revenues related to their respective territories.
State legislation provides for an equalisation fund for the
territories having lower per-capita taxable capacity. Revenues raised
from the above-mentioned sources shall enable municipalities,
provinces, metropolitan cities and regions to fully finance the public
functions attributed to them. The State allocates supplementary
resources and adopts special measures in favour of specific
Municipalities, Provinces, Metropolitan Cities and Regions to promote
economic development along with social cohesion and solidarity, to
reduce economic and social imbalances, to foster the exercise of the
rights of the person or to achieve goals other than those pursued in
the ordinary implementation of their functions.
The Constitution grants Municipalities, Provinces, Metropolitan Cities
and Regions to have their own properties, allocated to them pursuant
to general principles laid down in State legislation. Indebtedness is
allowed only as a means of funding investments, with the concomitant
adoption of amortisation plans and on the condition of a balanced
budget for all authorities of each region, taken as a whole.[14] State
guarantees on loans contracted for this purpose are prohibited.
Import, export or transit taxes between Regions are not permitted and
the freedom of movement of persons or goods between Regions is
protected, as well as the right of citizens to work in any part
whatsoever of the national territory. The Government can intervene for
bodies of the Regions, Metropolitan Cities, Provinces and
Municipalities if the latter fail to comply with international rules
and treaties or EU legislation, or in the case of grave danger for
public safety and security, or when necessary to preserve legal or
economic unity and in particular to guarantee the basic level of
benefits relating to civil and social entitlements, regardless of the
geographic borders of local authorities. The law lays down the
procedures to ensure that subsidiary powers are exercised in
compliance with the principles of subsidiarity and loyal co-operation.
The Constitution establishes the bodies of each Region as the Regional
Council, the Regional Executive and its President. The Regional
Council exercises the legislative powers attributed to the Region as
well as the other functions granted by the Constitution and the laws,
among which also the possibility to submit bills to Parliament. The
Regional Executive exercises the executive powers in the Region, and
The President of the Executive represents the Region, directs the
policy-making of the Executive and is responsible for it, promulgates
laws and regional statutes, directs the administrative functions
delegated to the Region by the State, in conformity with the
instructions of the Government. The electoral system and limits to the
eligibility and compatibility of the President, the other members of
the Regional Executive and the Regional councillors is established by
a regional law in accordance with the law of the Republic, which also
establishes the term of elective offices. No one can belong at the
same time to a Regional Council or to a Regional Executive and to
either House of Parliament, another Regional Council, or the European
Parliament. The Council elects a President and a Bureau from amongst
its members. Regional councillors are not accountable for the opinions
expressed and votes cast in the exercise of their functions. The
President of the Regional Executive are elected by universal and
direct suffrage, unless the regional statute provides otherwise. The
elected President can appoint and dismiss the members of the
Executive.
The Statute of each Region, in compliance with the Constitution, lays
down the form of government and basic principles for the organisation
of the Region and the conduct of its business. The statute also
regulate the right to initiate legislation and promote referenda on
the laws and administrative measures of the Region as well as the
publication of laws and of regional regulations. Regional Council can
adopt or amend with a law approved by an absolute majority of its
members, with two subsequent deliberations at an interval of not less
than two months, and not requiring the approval of the Government
commissioner. The Government can challenge the constitutional
legitimacy of the Regional Statutes to the Constitutional Court within
thirty days of their publication. The statute can be submitted to
popular referendum if one-fiftieth of the electors of the Region or
one-fifth of the members of the Regional Council so request within
three months from its publication. The statute that is submitted to
referendum is not promulgated if it is not approved by the majority of
valid votes. In each Region, statutes regulate the activity of the
Council of local authorities as a consultative body on relations
between the Regions and local authorities.
The Constitutions allows administrative tribunals of the first
instance in the Region, in accordance with the law, with sections
which can be established in places other than the regional capital.
The President of the Republic, as protector and guardian of the
Constitution, can dissolve Regional Councils and remove the President
of the Executive with a reasoned decree, in the case of acts in
contrast with the Constitution or grave violations of the law, or also
for reasons of national security. Such decree is adopted after
consultation with a committee of Deputies and Senators for regional
affairs which is set up in the manner established by the law. The
President of the Executive can also be remuved a reasoned motion of no
confidence by the Regional Council, that is undersigned by at least
one-fifth of its members and adopted by roll call vote with an
absolute majority of members. The motion cannot be debated before
three days have elapsed since its introduction. The adoption of a no
confidence motion against a President of the Executive elected by
universal and direct suffrage, and the removal, permanent inability,
death or voluntary resignation of the President of the Executive
entail the resignation of the Executive and the dissolution of the
Council. The same effects are produced by the simultaneous resignation
of the majority of the Council members.
The Government can challenge the constitutional legitimacy of a
regional law before the Constitutional Court within sixty days from
its publication, when it deems that the regional law exceeds the
competence of the Region; while a Region can challenge the
constitutional legitimacy of a State or regional law before the
Constitutional Court within sixty days from its publication, when it
deems that said law infringes upon its competence.
Articles 115, 124, 128, 129, 130 have been repealed, and therefore
have not been discussed.
Article 131 establishes the following Regions: Piedmont, Valle
d’Aosta, Lombardy, Trentino-Alto Adige, Veneto, Friuli-Venezia
Giulia, Liguria, Emilia-Romagna, Tuscany, Umbria, The Marches, Latium,
Abruzzi, Molise, Campania, Apulia, Basilicata, Calabria, Sicily and
Sardinia. By a constitutional law, after consultation with the
Regional Councils, a merger between existing Regions or the creation
of new Regions having a minimum of one million inhabitants can be
granted, when such request has been made by a number of Municipal
Councils representing not less than one third of the populations
involved, and the request has been approved by referendum by a
majority of said populations. The Provinces and Municipalities which
request to be detached from a Region and incorporated in another may
be allowed to do so, following a referendum and a law of the Republic,
which obtains the majority of the populations of the Province or
Provinces and of the Municipality or Municipalities concerned, and
after having heard the Regional Councils. Changes in provincial
boundaries and the institution of new Provinces within a Region are
regulated by the laws of the Republic, on the initiative of the
Municipalities, after consultation with the Region. The Region, after
consultation with the populations involved, can establish through its
laws new Municipalities within its own territory and modify their
districts and names.
Constitutional Guarantees (Articles 134-139)[edit]
The Constitutional Court (Articles 134-137)[edit]

Palazzo della Consulta, seat of the Constitutional Court.

Article 134[7] states that the Constitutional Court shall pass
judgement on

controversies on the constitutional legitimacy of laws and enactments
having force of law issued by the State and Regions;
conflicts arising from allocation of powers of the State and those
powers allocated to State and Regions, and between Regions;
charges brought against the President of the Republic and the
Ministers, according to the provisions of the Constitution.

The Constitutional Court is composed of fifteen judges, a third
nominated by the President, a third by Parliament in joint sitting and
a third by the ordinary and administrative supreme Courts. The judges
of the Constitutional Courts must be chosen from among judges,
including those retired, of the ordinary and administrative higher
Courts, university professors of law and lawyers with at least twenty
years practice. Judges of the Constitutional Court are appointed for
nine years, beginning in each case from the day of their swearing in,
and they cannot be re-appointed. At the expiration of their term, the
constitutional judges must leave office and the exercise of the
functions thereof. The President of the Court is elected for three
years and with the possibility of re-election from among its members,
in accordance with the law and respecting in all cases the expiry term
for constitutional judges. The office of constitutional judge is
incompatible with membership of Parliament, of a Regional Council, the
practice of the legal profession, and with every appointment and
office indicated by law. In impeachment procedures against the
President of the Republic, in addition to the ordinary judges of the
Court, there must also be sixteen members chosen by lot from among a
list of citizens having the qualification necessary for election to
the Senate, which the Parliament prepares every nine years through
election using the same procedures as those followed in appointing
ordinary judges.
When a law is declared unconstitutional by the Court, the law ceases
to have effect the day following the publication of the decision. The
decision of the Court must be published and communicated to Parliament
and the Regional Councils concerned, so that, wherever they deem it
necessary, they shall act in conformity with constitutional
procedures. A constitutional law establishes the conditions, forms,
terms for proposing judgements on constitutional legitimacy, and
guarantees on the independence of constitutional judges. Ordinary laws
establishes the other provisions necessary for the constitution and
the functioning of the Court. No appeals are allowed against the
decision of the Constitutional Court.
Amendments to the Constitution. Constitutional Laws (Articles
138-139)[edit]
Laws amending the Constitution[7] and other constitutional laws must
be adopted by each House after two successive debates at intervals of
not less than three months, and must be approved by an absolute
majority of the members of each House in the second voting. Said laws
are submitted to a popular referendum when, within three months of
their publication, such request is made by one-fifth of the members of
a House or five hundred thousand voters or five Regional Councils. The
law submitted to referendum cannot be promulgated if not approved by a
majority of valid votes. A referendum is not to be held if the law has
been approved in the second voting by each of the Houses by a majority
of two-thirds of the members.
Article 139 states that the form of Republic shall not be a matter for
constitutional amendment, thus effectively barring any attempt to
restore the monarchy.
Transitional and Final Provisions (Provisions I-XVIII)[edit]
The Transitional and Final Provisions[7] start by declaring the
provisional Head of the State the President of the Republic, with the
implementation of the Constitution. In case not all Regional Councils
had been set up at the date of the election of the next President of
the Republic, the Provisions state that only members of the two Houses
could participate in the election, while also providing the
requirements for appointing the members of the first Senate of the
Republic.
The Provisions provide a general timeline for the implementation of
the Constitution. For example, Article 80 on the question of
international treaties which involve budget expenditures or changes in
the law, is declared effective as from the date of convocation of
Parliament. Also, within five years after the Constitution has come
into effect, the special jurisdictional bodies still in existence must
be revised, excluding the jurisdiction of the Council of State, the
Court of Accounts, and the military tribunals. Within a year of the
same date, a law must provide for the re-organisation of the Supreme
Military Tribunal according to Article 111. Moreover, until the
Judiciary has been established in accordance with the Constitution,
the existing provisions will remain in force. In particular, until the
Constitutional Court begins its functions, the decision on
controversies indicated in Article 134 will be conducted in the forms
and within the limits of the provisions already in existence before
the implementation of the Constitution.
The Provisions call for the election of the Regional Councils and the
elected bodies of provincial administration within one year of the
implementation of the Constitution. The transfer of power from the
State to the Regions, as established by the Constitution, as well as
the transfer to the Regions of officials and employees of the State,
must be regulated by law for every branch of the public
administration. Until this process has been completed the Provinces
and the Municipalities will retain those functions they presently
exercise, as well as those which the Regions may delegate to them.
Also, within three years of the implementation of the Constitution,
the laws of the Republic must be adjusted to the needs of local
autonomies and the legislative jurisdiction attributed to the Regions.
Furthermore, up to five years after the implementation of the
Constitution, other Regions can be established by constitutional laws,
thus amending the list in Article 131, and without the conditions
required under the first paragraph of Article 132, without prejudice,
however, to the obligation to consult the peoples concerned.
Provision XII forbids the reorganisation of the dissolved Fascist
party, under any form whatsoever. Notwithstanding Article 48, the
Provision imposes temporary limitations to the right to vote and
eligibility of former leaders of the Fascist regime, for a period of
no more than five years from the implementation of the Constitution.
Similarly, until it was amended in 2002, Provision XIII barred the
members and descendants of the House of Savoy from voting, as well as
holding public or elected office, and the former kings of the House of
Savoy, their spouses and their male descendants were denied access and
residence in the national territory. In particular, after the
abolition of the monarchy, the former kings Vittorio Emanuele III and
Umberto II, went into exile in Egypt and Portugal, respectively. Their
heir Vittorio Emanuele made his first trip back to Italy in over half
a century on December 23, 2002.[15][16] Nevertheless, Provision XIII
also imposes the confiscation by the State of the assets of the former
kings of the House of Savoy, their spouses and their male descendants
existing on national territory, while declaring null and void the
acquisitions or transfers of said properties which took place after 2
June 1946. Titles of nobility are no longer recognised, while the
predicates included in those existing before 28 October 1922 are
established as part of the name of the title holders. The Order of
Saint Mauritius is preserved as a hospital corporation and its
functions are established by law, while the Heraldic Council is
suppressed.
With the entry into force of the Constitution, the legislative decree
of the Lieutenant of the Realm No. 151 of 25 June 1944 on the
provisional organisation of the State will become law. Within one year
of the same date, the revision and co-ordination therewith of previous
constitutional laws which had not at that moment been explicitly or
implicitly abrogated will begin. The Constituent Assembly must pass
laws on the election of the Senate of the Republic, special regional
statues, and the law governing the press, before 31 January 1948.
Until the day of the election of the new Parliament, the Constituent
Assembly can be convened to decide on matters attributed by law to its
jurisdiction. The Provisions also detail the temporary functions of
the Standing Committees, the Legislative Committees, and the Deputies.
Provision XVIII calls for the promulgation of the Constitution by the
provisional Head of State within five days of its approval by the
Constituent Assembly, and its coming into force on 1 January 1948. The
text of the Constitution will be deposited in the Town Hall of every
Municipality of the Republic and there made public for the whole of
1948, in order to allow every citizen to know of it. The Constitution,
bearing the seal of the State, will be included in the Official
Records of the laws and decrees of the Republic. The Constitution must
be faithfully observed as the fundamental law of the Republic by all
citizens and bodies of the State.
Given in Rome on this 27th Day of December 1947
ENRICO DE NICOLA Countersigned
The President of the Constituent Assembly: UMBERTO TERRACINI
The President of the Council of Ministers: ALCIDE DE GASPERI
The Keeper of the Seal: GIUSEPPE GRASSI
Amendments[edit]
See also: Constitutional laws of Italy and Italian constitutional
referendum, 1946; 2001; 2006; and 2016
In order to make it virtually impossible to replace with a dictatorial
regime, it is difficult to modify the Constitution; to do so (under
Article 138) requires two readings in each House of Parliament and, if
the second of these are carried with a majority (i.e. more than half)
but less than two-thirds, a referendum. Under Article 139, the
republican form of government cannot be reviewed. When the Constituent
Assembly drafted the Constitution, it made a deliberate choice in
attributing to it a supra-legislative force, so that ordinary
legislation could neither amend nor derogate from it.[17] Legislative
acts of parliament in conflict with the Constitution are subsequently
annulled by the Constitutional Court.
Three Parliamentary Commissions have been convened in 1983–1985,
1992–1994 and 1997–1998 respectively, with the task of preparing
major revisions to the 1948 text (in particular Part II), but in each
instance the necessary political consensus for change was lacking.[18]
The text of the Constitution has been amended 15 times. Amendments
have affected articles 48 (postal voting), 51 (women's participation),
56, 57 and 60 (composition and length of term of the Chamber of
Deputies and Senate of the Republic); 68 (indemnity and immunity of
members of Parliament); 79 (amnesties and pardons); 88 (dissolution of
the Houses of Parliament); 96 (impeachment); 114 to 132 (Regions,
Provinces and Municipalities in its entirety); 134 and 135
(composition and length of term of the Constitutional Court). In 1967
articles 10 and 26 were integrated by a constitutional provision which
established that their last paragraphs (which forbid the extradition
of a foreigner for political offences) do not apply in case of crimes
of genocide.
Four amendments were presented during the thirteenth legislature
(1996–2001), these concerned parliamentary representation of
Italians living abroad; the devolution of powers to the Regions; the
direct election of Regional Presidents; and guarantees of fair trials
in courts.[19] A constitutional law and one amendment were also passed
in the fourteenth legislature (2001–2006), namely, the repealing of
disposition XIII insofar as it limited the civil rights of the male
descendants of the House of Savoy;[20] and a new provision intended to
encourage women's participation in politics.
Further amendments are being debated, but for the time being 61.32% of
those voting in the 25–26 June 2006 referendum rejected[21] a major
Reform Bill approved by both Houses on 17 November 2005, despite its
provisions were diluted in time;[22] the attempt to revise Part II
appears to have been abandoned or at least postponed,[23] but in 2014
its parts on bicameralism has been resumed by Renzi Government in a
partially different draft.
In 2007, the constitution was amended making capital punishment
illegal in all cases (before this the Constitution prohibited the
death penalty except "in the cases provided for by military laws in
case of war;" however, no one had been sentenced to death since 1947
and the penalty was abolished from military law in 1994).[24]
Articles 81, 97, 117 and 119[14] were amended on 20 April 2012,
introducing the requirement of a balanced budget at both the national
and the regional level, taking into account both positive and negative
variations of the economic cycle.
Notable Members of the Constituent Assembly[edit]
The following is a list of notable members of the Constituent
Assembly:[25]

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